The dissertation is devoted to a comprehensive scientific study of the criminal law protection of land relations in Ukraine. It examines the specific features of legal regulation in this domain within the context of land reform and the implementation of martial law. The necessity for improving criminal legislation to ensure effective land resource management and the sustainable operation of the land market is substantiated.
The scientific novelty lies in the fact that this dissertation is the first integrated research dedicated to the institution of criminal law protection of land relations during the land reform process. The essence and characteristics of this institution are revealed, and the current state of its functioning is analyzed, considering the transformation of legal relations and threats caused by the international armed conflict.
It has been established that the current Criminal Code of Ukraine does not sufficiently cover the land domain. The relevant criminal offenses are scattered across various sections of the Special Part of the Criminal Code, complicating the systematization of legal norms. Specifically, provisions concerning abuses in land relations are found in Sections VI, VIII, XV, XVII, and XVIII of the Criminal Code, which impedes their practical application.
Furthermore, the legislation does not take into account the introduction of digital tools in land management, particularly concerning data entry into the land cadastre. There is also legal uncertainty regarding the scope of subjects of criminal liability, especially legal entities.
The dissertation analyzes foreign practices (France, Germany, Italy, Spain), where land-related offenses are addressed through environmental or property-related criminal law. It was found that other legal systems provide more detailed criminalization of such acts, which may serve as a reference for improving Ukrainian legislation.
The risks and threats to land relations during martial law are outlined, including unauthorized land seizures, abuse of authority, soil degradation, and illegal redistribution of land in temporarily occupied territories.
Legal transformations are examined: the lifting of the moratorium on agricultural land sales (as of 01.07.2021) and changes to land legislation during martial law (Laws No. 2247-IX, No. 2145-IX). Particular attention is paid to the automatic renewal of lease agreements and the transition to electronic documentation.
Criminal statistics from 2020 to 2024 are analyzed, revealing a growing trend in offenses related to land relations. It is established that the absence of a unified system for categorizing land-related crimes complicates the state’s preventive measures.
The following proposals are made: to clarify the disposition of Article 197-1 of the Criminal Code of Ukraine; to amend Article 239 of the Criminal Code with qualifying elements; to provide for the criminal liability of legal entities for land-related crimes (in particular, under Articles 197-1, 239, 239-1, 239-2, 254); to criminalize the use of land for illegal armed formations; to introduce a separate category of “criminal offenses in the field of land relations” in the new Criminal Code of Ukraine.
The practical significance of the research findings lies in their applicability for further scientific inquiry, lawmaking, legal practice, and legal education.
